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20 September 2018 / Rawdon Crozier
Issue: 7809 / Categories: Features , Property
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Home sweet home…despite the leasehold?

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Rawdon Crozier examines the challenges of modern leasehold conveyancing

  • Homebuyers often do not understand leasehold and the conveyancer should point out onerous terms and potential problems.

In December 2017, the ministerial foreword to ‘Tackling unfair practices in the leasehold market, summary of consultation responses and government response’ was noteworthy for its description by Sajid Javid, then Secretary of State for Communities & Local Government, of aspects of the leasehold sector as ‘… practically feudal and entirely unjustifiable’.

Whether or not the ‘feudal’ tag was intended as more than a rhetorical flourish, it was not without justification. The development of new-build leaseholds into what could be described as modern ‘fee farms’ has presented conveyancers with challenges to which, evidence suggests, they have failed to rise. This is, however, changing.

In 1995 23% of new-build registrations were leaseholds, by 2016 that figure had risen to 46%. In the same period the percentage of new-build houses sold as leaseholds had more than doubled, from 7% to 15% (worth £1.79bn in 2016). More than a fifth

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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